Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-07-16
iNFoR NATION
'...Ron....
OWNERS AND LocAToRs
....oF.,,
u III E&
APPLICATION FOR PATENT.

the reeord or,se'er tney become q part
erAl Land Office 70 the Gen
An apPication will be rejected when tho
sompptaon oi the premises is erroneons =.
cause: VAL DC rejected DO.
knowledge Of the Register. "i'noutthe
Sooonu-Ihe notice was not published IN
claim. unearestthe
T~hird-Record title was found de,so.r.
Fourth-.A previous application had 49,.
mAoe ior the same premises, which was w,vMeu
drawn pending q suit in Court com,nan.m VIM
the adverse. Claimant. ~
An application for patent will be re;oo,.,
When tne survey does not accurately defnav
boundaries OF the claim. uonhetas
wnere the claim was not located in seoo,a
ance with law. s0oord.
Where several parties own separate .,a
tinct portions of g claim, application ~
patent may be made by either for that no.,.sH
OF the claim owned by him; but where sovsU
parties own undivided interests in . ,n,nasa
patent. HrA
A person or association may purcb.sa :.
many placer locations as the local law sdmtts
and embrace them ell In one application for
patent.
w AOutB Cannon be amhraoaA a..
one application for q patent except for nlscs.
claims embracing two or more lodes rpithsa
their bounds
Papers sworn TO before any person nnrnor,-
Ing to act as . deputy for the Register and Re-.
ceiver cannot be recorded as evidence.
In all patents for mining claims situstad
within the interior boundaries of 4 town sita
o clause 10 inserted excepting and exoluding
all town property, rights upon the snrfscs
and all houses, buildings. structures, lots
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee he,s.
in, and all rights necessary or proper To tbs
occupation, possession and enjoyment Of ths
ame."
Publication of notice must be made n on,v
one newspaper for the period of so days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and in daily
newspapers go days must elapse between the
first and last insertions.
Where the Register designates the daily issue
OF q newspaper fer publication Of notices Of 1
mining application for patent ii is NOT 4 com.
plfance with law TO change to the weekly edi.
ton of the same paper without authority Of
the Register.
The existence Of Q salt spring on a tract OF
land withdraw 1t from the operation OF the
homestead and presumption laws. A hearing
for the purpose Of proving the Agricultural
character of such land is not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
It is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed,
cannot be Withdrawn, but becomes q part of the
record.
When an adverse claim has been filed II can.
not DO amended so "a 10 embrace a larger Der.
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made ont In
proper form and filed In the proper local oface
during the period Of publication OF the sppl.
cation for the patent TO be effective.
II is the duty of the adverse claimant o
commence suit in proper form within the re-
CURED time. and II he trusts The uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result Of
the corrupt or dishonest action OF his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases HIS adverse
claim. A statement in general terms, embody-
ing conclusions OF law, without stating the
facts specially, will not be considered in eyi.
dence.
An adverse claimant should show q compli.
snce with the local laws in recording his claim
and in regard to expenditures. and shall ne >
copy Of the original notice of his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties to q sui. that they
compose the company 10 sufficient. and they
are not required to prove that they are the
original locAtors or the identical parties who
present the adverse claim.
OR MINERAL LANDS.
Where land is Of little. If any value. for sgri.
cultural purposes, but 10 essential to the
proper development OF mining claims. 1t
should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry Will be Cancelled So any time
prior to issuance of patent, upon satisfactory
evidence Of the existence Of such valuable de-
posts.
Where valuable deposits Of mineral are dis.
covered upon 9 tract after the same sas been
en- tered az agricultural, but before I stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled to
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued TO an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.
ALIENS.
A foreigner may make q mining location
dispose of 1t. provided he becomes 9 citizen
before disposing OF tine mine. Proof that we
party was not q citizen before disposing OF MIS-
claim must be afirmatively shown.
Loeators and intermediate owners, othei
than applicants, will not be presumed aliens,
In the absence Of allegation or objection prior
to issuance of patent.
The portion Of q mining claim sold 70 ~
alien cannot be patented while such owner -
an alien; but on his declaration 0 become
citizen HIS right dates back to his purchase,
aud he may ~thereupon secure United sfa"s
patent for his claim.
GROSS RDG
Revised Statutes. Section 1885: .,
Where two or moro lodges cross or in.eis,a
each other, priority OF title shall govern, ars
such prior location shall be entitled 10 al =
or mineral contAined within the space OF ,h.va
section, but the subsequent location snsinsr.
the right Of way through the space OF ,nra
section for the purpose Of the conven'ons
working OF the mine. And where tive or r1oi u
veins unite the oldest or prior location shn
take the vein below the point OF union' !"
Guiding all the space of intersection.
There is no authority of law Tor q tunne,
location 5000 by /, 500 feet. A proper iocsuon
Ia the width of the tunnel for 5000 feet.
There is no provision OF law for pateh.ins
tunnel locstions, but iodes discovered IN run.
ming Q tunnel may be patented In ike "ahn''
aa other lOdos.